Workplace bullying: Are you aware it's happening?

Workplace bullying; it's not a phrase you hear every day. Yet, recently, workplace bullying has become top-of-mind for many employers. Why? According to the Workplace Bullying Institute, 37% of employees experience workplace bullying, which is defined as repetitive, abusive behavior that devalues or harms individuals while on the job.

In addition, persistent bullying can impact victims physically, emotionally and psychologically, which, in turn, prevents them from effectively doing their job. Therefore, it is no surprise that more employers are looking for ways to spot and curtail this potentially explosive behavior.

The first step employers should take is to critically examine their organization's culture and determine whether bullying is (or is likely to be) prevalent and, if so, whether there are specific culprits. However, spotting bullying can be difficult. Instead, it may be easier to either spot or identify someone who is the subject of bullying. Here are some tips to do just that.

(1) Identify whether an employee (or group of employees) is frequently the subject of recurring jokes, rumors, name-calling, or other derisive behavior;

(2) Identify any employee, who although usually high-performing or outgoing, seems to be depressed, under-performing, or withdrawn; and

(3) Watch for whether an employee (or group of employees) is being consistently isolated or left out of important communications or projects. (This is especially important if the suspected bully is a manager or supervisor).

Identifying the bullying behavior is only part of the problem. Employers must also be sure, once this behavior has been identified, that they address these issues head on and take swift action to remedy the situation. According to the Andrea Adams Consultancy, 43% of employers do not have a policy that addresses bullying. If your organization falls into this category, here are a few things you should be doing, at a minimum:

(1) Have or develop an open door policy, which allows employees to approach management or Human Resources about anything work-related.

(2) Develop strong anti-harassment and anti-discrimination policies. Make it abundantly clear that harassment or other offensive conduct will be grounds for disciplinary action (up to and including termination) and that under no circumstances will violent or abusive behavior be tolerated.

(3) Develop a strong anti-retaliation policy. Often, victims of bullying are reluctant to report the behavior for fear that it will only make things worse. This policy should curtail this fear.

(4). Provide manager and supervisor training regarding bullying to help recognize the signs.

(5) Immediately investigate any and all allegations of workplace bullying, abuse, or threats and, if warranted, consult law enforcement and legal counsel.

Employers who observe any or all of the signs listed above among employees should follow-up with these individuals, inquire about the causes of their behavior, and remind these employees of the company's policies and avenues for reporting work-related problems. If the discussion reveals that an employee has been threatened in some way, employers should immediately consult with outside counsel and notify either law enforcement or appropriate security personnel to ensure that the situation does not escalate.

Mike Jackson

Mike Jackson is an associate in the Cleveland office of Fisher & Phillips, where he practices in all areas of labor and employment law, primarily focusing on employment litigation.